Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to petitioner no.1 and denied to petitioner no.2.
Summary
Petitioners Raja Kumar and Rajan Kumar sought bail fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The FIR alleged that petitioner no.2 repeatedly assaulted the informant's son with the butt of a pistol, while no specific overt act was alleged against petitioner no.1. The petitioners argued that the allegations were vague and that they had clean antecedents. The State opposed bail, citing the seriousness of the charges. The Court held that, in the absence of any specific allegation of an overt act against petitioner no.1, bail could be granted subject to conditions, whereas petitioner no.2, facing a specific allegation of repeated assault, was denied bail.
Issues considered
- Whether bail should be granted to petitioner no.1 in the absence of a specific allegation of an overt act.
- Whether bail should be denied to petitioner no.2 given the specific allegation of repeated assault.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- arms act
- presumption of innocence
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5511 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Raja Kumar Son of Bhola Ray Resident of Village- Jitwarpur Dih PS-
Muffasil Dist -Samastipur
2. Rajan Kumar Son of Khirhar Ray Resident of Village- Jitwarpur Dih PS-
Muffasil Dist -Samastipur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
section 27 of the Arms Act.
3. As per FIR, petitioner no.2 repeatedly assaulted on
the head of son of the informant with butt of pistol.
4. Learned counsel appearing for the petitioners
submits that allegation of assault is general and omnibus and no
specific overt act has been alleged against these petitioners.
Petitioners claim clean antecedent.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the fact that there is no allegation of
committing overt act against petitioner no.1, prayer for bail of
this petitioner is allowed. In the event of arrest/surrender within
a period of eight weeks from today, let this petitioner, named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.5511 of 2026(2) dt.04-02-2026
2/2
each to the satisfaction of the Additional Chief Judicial
Magistrate II, Samastipur in Muffasil Police Station Case No.
237 of 2025, subject to the conditions laid down under section
482 Bharatiya Nagarik Suraksha Sanhita, 2023.
7. There is specific allegation of repeated assault
against petitioner no.2, his prayer for bail is rejected.
(Prabhat Kumar Singh, J)
shashi/-
U T
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